FAQS
What is a Criminal Charge?
A criminal charge is a formal allegation that a person committed a criminal offence as defined in the Criminal Code of Canada. The laying of a criminal charge is typically the beginning of the court process, which includes disclosure of particulars of the allegation, a trial to consider the evidence put forward by the prosecution and defence, and a finding of innocence or guilt.
The police left a message for me to call them back. Should I call them?
NO. If you are a suspect in a criminal case, talking to police or simply returning their call may lead them to obtain evidence to use against you. You should contact a Criminal Lawyer right away if you believe you are a suspect in a crime.
I blew “over .08” at the police station. Does that mean I’m guilty?
No. Our research indicates that breathalyzer results from the BAC Datamaster C instrument, used by the police in BC, may be inaccurate by as much as 100mg in 100ml of blood. Also, the police often violate the driver’s rights under the Charter of Rights in obtaining the sample. In most cases, depending on the type and severity of the Charter violation, the Court may refuse to consider the evidence of the breath sample.
Am I only allowed one phone call?
The Charter of Rights guarantees your right to counsel, i.e. to have legal advice from a practicing lawyer, and to be represented by a lawyer. You are entitled to make reasonable efforts to contact a lawyer who you trust and who can provide complete legal advice. You may make however many phone calls you need to contact your lawyer of choice, provided your attempts are genuine.
What is a Criminal Record?
A Criminal Record is a record held by the RCMP of criminal convictions for each individual who has been convicted of a criminal offence and not discharged by the court. Although they are not criminal records, conditional discharges are recorded in the same system, but purged from the record 3 years from the completion of the sentence, i.e. 3 years from when the conditions are fulfilled. The record typically contains the name of the individual, their history of criminal convictions, their date of birth and their personal characteristics.
I’ve been contacted by the police. Do I need a lawyer?
If you are a suspect in a crime, the police will usually attempt to contact you to obtain evidence to use against you in court. Only lawyers can provide the protection granted by solicitor-client confidentiality. A lawyer working for you can deal with the police for you, and discuss your case off the record.
A lawyer can’t be compelled by the prosecution to give evidence against you. Unlike your dad, relatives or friends, only lawyers have solicitor-client privilege to protect you from the police.
Can the police arrest me at work or school?
Yes. Sometimes this is a technique the police use to gain information to use against you. To deal with this threat we contact the police before you’re arrested to protect you from the humiliation of a public arrest.
I received a 90-day ADP driving prohibition. Should I dispute it?
Absolutely. You are deemed to accept the 90-day prohibition if you don’t file an Application for Review. Normally, when we obtain the Report from the Superintendent of Motor Vehicles, we can tell you whether you will win or lose on the review. We maintain a significant library of successful ADP review decisions. If we win your ADP review, we will have the review fee returned directly to you and you can get your licence back.
Do I need a Lawyer for the ADP Review Hearing?
Your odds of success diminish significantly if you do not have a lawyer represent you for your hearing. There are two main reasons to have a Criminal Lawyer represent you for your hearing.
- An experienced lawyer knows the law and the defences.
- Only a lawyer has privilege.
When a lawyer makes submissions, his statements are not evidence. For example, if the Report does not prove that the client was a driver, the lawyer cannot be asked if their client was the driver.
If you defend yourself, the adjudicator has simply to ask you the question. If you admit to driving, you would likely lose. If you deny driving, you may be disbelieved and you would likely lose
What is a Roadside Breath Test?
The police may demand that a driver provide a sample of their breath into an Approved Screening Device (ASD). In BC the device is usually an Alco Sensor IV DWF Screener. The ASD is usually set to display “fail” if a person provides a sample over .100 mg%, “warn” if a person blows between .05 and .099 mg% and the actual blood-alcohol concentration in the event that the person blows under .05 mg%.
The Superintendent mailed me a Notice of Intent to Prohibit me from driving. What should I do?
You have only 21 days from the date on the Notice of Intent to Prohibit to retain your lawyer and have him/her prepare and submit a written argument explaining why the proposed prohibition is wrong. It is important, therefore, to contact your lawyer as soon as possible to arrange for written submissions to be made to the Superintendent of Motor Vehicles.
We have a proven formula to deal with driving prohibitions proposed due to an unsatisfactory driving record. Call us now for a free initial consultation.
What if I blow a “warn” at the roadside?
In most cases the police will not have the authority to demand more tests. Usually they will issue a 24-hour prohibition and not conduct a further criminal investigation.
What if I blow a “fail” at the roadside?
It is not a crime to blow a fail at the roadside into an Approved Screening Device (ASD or “roadside tester”). A “fail” either alone or in conjunction with other evidence, may permit an officer to make a demand for samples to be taken to determine the concentration of alcohol in a person’s blood.
What about mouthwash? I’ve heard it can beat the breathalyzer.
Most mouthwash contains alcohol. If you use mouthwash shortly before providing a Roadside breath test, (i.e. less than 20 minutes before) you may register a “warn” or “fail” on the test. In such a case the police may, in good faith, mistakenly arrest you, and take you to provide samples to determine the concentration of alcohol in your body. Simply put, mouth wash may cause inaccurate results at the roadside, but the mistake may lead to a lawful arrest.
Do not try to use mouthwash to beat the breathalyzer.
Is there such a thing as “off the record” if I talk to the police?
NO. The police may not honour such a guarantee. The role of the police is to collect evidence which is commonly used by the prosecutor to prove their case. That is their job. Anything you say to the police usually will be used against you. It is a simple fact of the court process that statements made to the police almost never assist an accused.
Because of lawyer–client privilege, a lawyer may have “off the record” conversations with the police.
Why do you know so much about the Breathalyzer?
Because I took one apart to examine the components and the workings of the device. In BC the police normally use the BAC Datamaster C to obtain breath samples to determine the concentration of alcohol in a person’s blood. I have disassembled and analyzed the BAC Datamaster C, examined how it works, and determined its weaknesses. I have observed the BAC Datamaster C produce erroneous results and I know the reasons why it fails because I have thoroughly studied its design and components.
Is the Breathalyzer reliable?
In BC the police usually use the BAC Datamaster C instead of the Breathalyzer. The police always claim that the device is reliable. However, when a police officer is charged with over .80mg%, they always fight the charges, usually questioning the reliability of the test results.
Historically, the reliability of the device was not a particular concern for the court. An accused person could offer evidence that may or may not have been accepted, to show that the blood alcohol content was lower than .08mg in 100ml of blood. Recently, however, the Federal Government passed legislation saying that, regardless of whether or not the results are accurate, they are conclusive proof. Our own research indicates that the device is not reliable and in fact it may provide reading for in excess of the subject’s true blood alcohol content.
I’ve got a friend who is a cop. Should I call him?
No. Your friend has a job, which is more important to him than your friendship and besides, there’s nothing he can do to help you. His job is to investigate crimes, so anything you say to him may be evidence used against you. Call us. We’re Criminal Lawyers and we know how to handle this.
What is CPIC?
CPIC is an acronym for the Canadian Police Information Center which manages a computerized database accessible to police officers throughout Canada. The database contains information about alleged offences, personal characteristics of suspects, cautionary warnings (e.g. Violent), a list of prior convictions and in some cases fingerprints. It is operated by the RCMP in Ottawa.
Can’t my dad phone the police for me?
Only a practicing lawyer has the power of solicitor–client privilege to protect you from the police. If you discuss your case with your dad, friends, relatives etc., they may become witnesses in your case. The prosecution can force them to testify against you. ONLY LAWYERS are exempt from the reach of the prosecution. A lawyer cannot be compelled to testify against their client.
Solicitor-client privilege is a principle of fundamental justice and so is protected under section 7 of the Charter of Rights and Freedoms.
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